Q: Can I sue previous employer for discrimination and stress injury?
I developed heart palpitations, 450 a day skipped heartbeats a day. It was caused by excess stress do to negligence from my employer. Me and several other employees would inform Human resources of thr behavior of the Store Manager, that was against company policy. Human resources told me to keep taking complaints and forwarding them to HR. Daily employees would come to me and inform me that they were physically and mentally exhausted due to the store managers behavior and asked what HR was doing. I couldn't tell them anything. This lead me to start having what I thought were signs of a heart attack when I got home. I went to the ER and A Heart doctor to fund out that I developed heart palpitations. I now have to live with heart palpitations for the rest of my life. I was terminated for "other" reasons after informing my employer of said heart condition and informing them I have anxiety and ADHD.
Would this be considered discrimination by my employer?
A:
First, you may have a retaliation claim depending on the types of misconduct by the manager that you were reporting to HR.
Second, you may have a claim for disability discrimination based on your termination after disclosing your heart condition and ADHD. However, without more context it is difficult to provide more intelligent advice. For example, it is important to know how long after the disclosure were your terminated and whether any negative remarks were made about those conditions.
Third, work related stress is typical supports a Worker's Compensation claim. You need to prove an improper motivation for your termination to prove retaliation or disability discrimination.
You should consult with an employment attorney offline to preserve the attorney client privilege. Most provide free consultations.
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